Fernald v. State

• Citation: 354 So.3d 1165
• Docket Number: 2D22-892.
• Decision Date: 03 February 2023
• Parties: James Kevin FERNALD, Appellant, v. STATE of Florida, Appellee.
• Court: Court of Appeal of Florida (US)

354 So.3d 1165

James Kevin FERNALD, Appellant,

v.STATE of Florida, Appellee.

No. 2D22-892.

District Court of Appeal of Florida, Second District.

February 3, 2023.

Howard L. Dimmig, II , Public Defender, and Robert D. Rosen , Assistant Public Defender, Bartow, for Appellant.

Ashley Moody , Attorney General, Tallahassee, for Appellee.

CASANUEVA, Judge.

James Kevin Fernald appeals the trial court's order revoking his probation and the resulting sentence. Counsel filed a brief asserting no meritorious argument. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After a complete review of the record, we affirm the revocation of probation and sentence without further comment but remand to correct the written order of revocation.

Pursuant to Cato v. State, 845 So.2d 250, 251 (Fla. 2d DCA 2003), "the trial court is required to enter a formal order of violation of probation that lists the specific conditions the court determined [the defendant] violated." (Emphasis omitted.) Here, the revocation order does not state the specific condition Mr. Fernald violated. The order states only that "probationer has not properly conducted him/herself and has violated the conditions of probation in a material respect." Therefore, we remand for the court to enter a corrected order of revocation specifying the conditions which the court found Mr. Fernald to have violated.

Affirmed; remanded with instructions.

KELLY and ROTHSTEIN-YOUAKIM, JJ., Concur.